RAMESH KUMAR BANSAL Vs. SMT. SANTOSH KUMARI SINGLA

JUDGEMENT

(1.) - Ramesh Kumar Bansal, the husband, has filed the instant appeal under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') against the judgment and decree dated 5.10.1999 passed by Additional District Judge, Patiala, vide which his petition for dissolution of the marriage by a decree of divorce on the ground of cruelty under Sec. 13 of the Act was dismissed.

(2.) The marriage between the appellant and the respondent, Smt. Santosh Kumari Singla, was solemnized on 06.12.1992. The appellant filed the present petition for dissolution of marriage by a decree of divorce on the ground of cruelty alleging therein that from the very inception of the marriage, the respondent was harassing and maltreating him; and he had suffered a lot both mentally and physically, as the respondent had been beating, abusing and insulting him in the presence of others. He alleged that on the very first night of the marriage, the respondent told him that she was married to him against her wishes and she was having marital relations with some other young boy of her area. It was further told by her that the appellant may not touch her body, and if he will do so, she would slap him. The appellant further alleged that the respondent told him that if he wanted to establish relationship with her then she should be given gold ornaments, clothes and cosmetics worth Rs. 10,000.00. She threatened that in case he failed to give these articles, he would be killed at the hands of vagabonds with whom she had close relations. It has further been alleged that on the next day, the respondent repeated the aforesaid demands, whereupon the appellant paid Rs. 45,000.00 to her in presence of Bidhi Chand Sharma and his wife. The appellant also alleged that on the night of 10.12.1992, the respondent abused him and demanded more money. It was further been alleged that the respondent, at one point of time, sprinkled kerosene oil on her body and was about to set fire on herself but she was saved with his intervention. It was also alleged that the respondent was seen in the company of the stranger. She told that he was her paramour. It was further alleged that the respondent refused to cook for him and told to the mother of the appellant to ask her son to cook meals for her and also to wash her clothes. She usually abused the appellant and his mother. It has been alleged that the appellant had been bringing food from the hotels and had been washing clothes of the respondent and even that did not satisfy her and she used to abuse and harass him. It has also been alleged that the appellant was beaten by the brothers of the respondent.

(3.) It appears that all sorts of allegations have been levelled by the appellant against the respondent. The respondent denied all these allegations. According to her, a sum of Rs. 51,000.00 was given in cash to the appellant at the time of marriage along with gold ornaments but still he was not satisfied and was demanding more dowry. On that account, he used to harass her by levelling all sorts of false allegations.